Bunching of stages in the Revised pay structure in the grade of Assistant Section Officers
F.No.7/1/2017-CS-I(A) (Pt.)
Government of India
Department of Personnel & Training
2nd Floor, Lok Nayak Bhawan
Khan Market, New Delhi – 3
Dated 27.02.17
OFFICE MEMORANDUM
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Subject: Bunching of stages in the Revised pay structure in the grade of Assistant Section Officers – Reg.
DoP&T has been receiving many references from various Ministries/Departments seeking clarification on the issue of grant of bunching to Assistant Section Officers of Central Secretariat Service in terms of Department of Expenditure’s O.M. dated 07.09.16.
2. It has also been noticed that there have been divergent views on the matter that while some Ministries/Departments have given the benefit on their own, some other Ministries/Departments have sought clarifications on various issues they are facing while giving the benefit of bunching in terms of DoE’s O.M. dated 07.09.16.
3. The matter has been taken up for further clarifications with Establishment Division/Department of Expenditure briefly on the following issues:
i. While the Seventh Pay Commission had not prescribed different modes of pay fixation for Direct Recruit (DR) and Promotee ASOs, there have been two different modes of pay fixation for DR and Promotees prior to implementation of Seventh Pay Commission. Due to differential methods of pay fixation, required differential of 3% is not calculable based on seniority alone as the other relevant facts of being DR/Promotee comes into play here.
ii. The manner of different pay fixation for DR ASO and promotee Assistants has been challenged in various court cases (viz. OA No.2147/2015, OA No.150/2016, OA No.1015/2013 and OA No.476/2015 etc.)
4. It has already been decided to consult Department of Expenditure through Establishment (pay) in the matter and same is under examination. Therefore,to ensure uniform implementation of Department of Expenditure’s instruction,all the Ministries/Departments are advised to wait for further instructions with regard to grant of bunching benefits to ASOs of CSS and also if orders have already been issued by any Ministry/Department, the same may not be given effect till further instructions.
5. This issues with the approval of competent authority.
(K.Srinivasan)
Under Secretary to the Government of India
This is so, because there is a difference between a direct recruit and a promotee. The DR undergoes vigorous competitive examination, and is expected to be better than the promotee who is getting promotion not on the basis equivalent to the exam taken by the DR. On this basis, DR gets better remuneration than the promotees. Promotees already get more compensation on account of being promoted. Their rights of equal pay to DR can’t be maintained. Equal pay for equal work doesn’t come into play because of the method of recruitment. It is on this basis only that a contract worker gets less salary than the permanent worker for same job.
Department of Expenditure’s O.M. dated 07.09.16 does not give any clarity as to granting Bunching of stages in the Revised pay structure in the grade where the element of direct recruit and promote exists. Therefore a lot of confusion arises in many departments and recently cases have come up in Income tax department wherein some direct recruit inspectors have been granted bunching benefit with regard to promote inspector.Due to the different modes of pay fixation for Direct Recruit (DR) and Promote of 6th pay commission, the promote inspectors who are promoted much earlier to the joining of a DR inspector are deprived of the minimum pay applicable to direct recruit inspector. Moreover the promote inspector who has virtually joined the grade of inspector ( much before, even one or two years) prior to the joining of the DR inspector and is below the entry pay that is 12540/- meant for DR inspector, can not step up his pay in comparison to the DR inspector’s pay due to the seniority issue as a result of the applicability of Parmar judgement effect. Therefore the promotee having more length of service in inspector grade to that of DR inspector continues to draws less pay helplessly in the pay brand meant for Dr inspector’s entry pay. The humiliation meted to the promote thus does not end here.. Now the bunching benefit is given to the DR inspector comparing the less pre-revised pay of the virtual senior promote.. The end result is that some of the DR inspectors who joined the govt service in November 2015 having only 02 months service are granted bunching benefit and on 01.01.2016 are granted 07 increments and their pay is fixed at Rs. 55,200/- just short of Rs 900/- from the pay of direct recruit class-I IRS officer of income tax department. This miracle or magic happens due to the ambiguity of the DoE’s O.M. dated 07.09.16.. Is this a fair rule and not violation of equal pay for equal work. Lets wait and watch for the next OM or clarification of DoE and its wisdom.